Current through Register Vol. 18, September 20, 2024
(1) Licensed child
placing agencies are authorized by these rules to conduct licensing studies of
youth foster homes and to make recommendations to the department for approval
or denial of the license consistent with the licensing requirements adopted by
the department.
(a) The licensing
requirements which are established by the department for youth foster homes
must be met by any foster home being recommended by the child placing agency
for licensure.
(b) Copies of the
licensing rules for youth foster homes shall be supplied by the department to
each child placing agency which shall provide copies to each youth foster home
applicant.
(2) The
agency shall provide information to prospective foster parent(s) about foster
care, the agency's policies and practices, the licensing process including
licensing requirements for foster homes, the children needing foster care, and
the reimbursement rates.
(3) An
agency youth foster home applicant shall complete an application form provided
by the department.
(a) The department, in
response to an application for a license, may request the agency to conduct a
licensing study to determine compliance with the state licensing rules for
youth foster homes.
(b) Only
persons who meet the qualifications of social workers, placement supervisors or
executive directors may conduct licensing studies.
(4) The agency shall conduct a youth foster
home licensing study to determine the applicant(s) compliance with the state
licensing rules for youth foster homes.
(a)
The agency's foster home study shall also assess the following areas:
(i) the applicant's motivation for foster
care;
(ii) strengths and weaknesses
of each member of the household in providing foster care;
(iii) applicant's ability to provide for the
child's physical and emotional needs;
(iv) adjustment of own children;
(v) recommendations for number, age, sex,
characteristics, and special needs children best served by the family, and
recommendations regarding children which would not be appropriate for the
family;
(vi) any other factors
which may affect the ability of the applicant to provide protection and
supervision of a child placed in the home.
(b) The agency shall submit the written
licensing study and recommendations to the department.
(c) The agency shall contact three personal
and community references of the applicant(s) and shall investigate any
incomplete, negative or questionable references.
(5) Agency recommendation for licensure.
(a) The agency shall submit a recommendation
for licensing action to the department.
(b) The agency shall submit the licensing
study to the department.
(c) The
department is solely responsible for licensure.
(d) If the applicant(s) do not meet the
requirements for licensure the department shall notify the applicant(s) in
writing within 30 days of completing the licensing study.
(6) Agency youth foster home monitoring and
annual licensing study.
(a) The agency shall
monitor all licensed agency youth foster homes which were licensed after being
studied by the agency for compliance with the department's youth foster home
rules.
(b) The agency shall conduct
annual relicensing studies of all licensed agency youth foster homes to
determine continued compliance with the youth foster home rules and to make
licensing renewal recommendations to the department. The annual relicensing
studies shall include at least one home visit by the agency.
(7) Agency youth foster home
complaints in licensed foster homes. When receiving a complaint which may
indicate possible violations of the youth foster home rules, the agency shall:
(a) conduct an investigation to assess
compliance with applicable rules;
(b) submit a written report of the
investigation to the department with a statement on rule compliance and a
recommendation regarding any licensing action which should be taken;
and
(c) send a written report to
the home stating findings, conclusions, and any anticipated action affecting
the license. (d) When a complaint is received regarding abuse or neglect of a
child in care, the agency shall immediately notify the county's child
protective services office which will conduct an investigation.
(8) Agency youth foster home
recommendations to revoke, deny or suspend a license. The agency shall send the
department a written assessment of rule compliance and any documents supporting
the findings with any recommendation for revocation, denial or suspension of a
youth foster home license. The department shall be solely responsible for
revoking, denying or suspending agency youth foster home licenses.
(9) The department shall conduct periodic
visits to agency youth foster homes for the purpose of inspecting the home and
assuring continued compliance with the department's licensing
standards.
Sec.
53-4-111
and
53-4-403,
MCA; IMP, Sec.
53-4-113
and
53-4-403,
MCA;
