Current through Register Vol. 46, No. 39, September 25, 2024
(a) A
family is eligible for respite care and services when the family is otherwise
eligible for mandated preventive services pursuant to section
430.9 of this Title and immediate
relief is needed to maintain or restore family functioning. Conditions for
which respite care and services may be provided for families include, but are
not limited to, the following:
(1) a child
has special needs due to a high level of disturbed behavior, emotional
disturbance or physical or health needs, including, but not limited to, AIDS,
HIV infection or HIV-related illness, which has placed excessive or unusual
stress upon the parent(s) and/or family and temporary relief of this stress
will prevent the placement of the child in foster care and maintain or restore
family functioning; or
(2) a parent
has an acute relapse or occurrence of AIDS, HIV infection, HIV-related illness
or any other physical, mental, emotional or behavioral condition, which is
either causing stress in family relationships, impairing the parent's ability
to manage the family or is causing or will cause the parent to be absent from
the home in order to treat or otherwise resolve such condition and there is no
other parent or caretaker available to care for the child(ren) and temporary
care and supervision of the child(ren) of the parent will prevent the placement
of the child(ren) into foster care and maintain or restore family functioning;
or
(3) a parent is suddenly
hospitalized due to accident, injury or illness; or
(4) a child has been referred to the local
probation service or designated assessment service for PINS adjustment
services; or
(5) a parent is
participating in a substance abuse detoxification program.
(b) A foster parent is eligible for respite
care and services when one of the following conditions exists:
(1) a foster child has special needs due to a
high level of disturbed behavior, emotional disturbance or physical or health
need, including, but not limited to, AIDS, HIV infection or HIV-related
illness, which has placed excessive or unusual stress upon the foster parent(s)
such that the placement of the child in the foster family home cannot be
maintained unless temporary relief from the child-caring responsibilities of
the foster parent(s) is provided and it is in the child's best interest to
remain in the foster home; or
(2) a
foster parent demonstrates a need for additional support in order to continue
caring for a foster child and a determination is made that:
(i) without the provision of respite care and
services the placement has little likelihood of being sustained; and
(ii) it is in the child's best interest to
remain in that foster family home; or
(3) a foster parent is suddenly hospitalized
due to accident, injury or illness; or
(4) it is necessary for the foster parent(s)
to be absent from the foster home when there has been a death in the immediate
family of the foster parent(s).
(e)
Respite care and services are not appropriate for foster families where the
immediate removal of a foster child from the foster home is necessary in order
to preserve the child's health, safety or well-being.
