Rules & Regulations of the State of Tennessee
Title 0250 - Children's Services
Subtitle 0250-04 - Standards for Regulated Institutions
Chapter 0250-04-09 - Standards for Child-Placing Agencies
Section 0250-04-09-.05 - PLACEMENT SERVICES TO CHILDREN, PREGNANT WOMEN AND THEIR FAMILIES

Universal Citation: TN Comp Rules and Regs 0250-04-09-.05

Current through September 24, 2024

(1) Applicable to all recipients of foster care services to children, adoptive services to children and families, and/or maternity services in foster care.

(a) Admission and Discharge Policies and Procedures

The agency must have written policy and procedures for admission and discharge which must be available to all appropriate parties involved with the child.

1. Admission

Admission criteria must include the following:

(i) A description of the population served, defined needs of this population, and a description of agency services related to these needs.

(ii) A positional statement when appropriate that surrender for adoption is not a criteria for admission.

(iii) A defined preadmission summary which must require a written evaluation addressing the appropriateness of resident needs to agency services.

(iv) A description or agreed upon preplacement procedures which must include preplacement visits when feasible.

2. Discharge

Discharge policy must set forth the legal requirement that an adjudicated custody transfer may only be made through court action after proper investigation by a designated agency. Discharge criteria must require.

(i) A description of conditions under which a resident may be discharged.

(ii) A description of procedures for preparing a child for discharge to include designated time frames.

(iii) A documented discharge plan which addresses the resident's continuing needs and planned services to meet these needs.

(iv) Provision for a written agreement assuming responsibility for the child to be signed by the resident's legal custodian.

(b) Admission of a child from another state shall be in accordance with the Interstate Compact on the Placement of Children and the Tennessee Child Sexual Abuse Law.

(c) Children or pregnant women shall be accepted by written application signed by the person or agency representative having legal authority to do so.

(d) Ongoing casework services with specific goals and time frames shall be part of the total services to children or pregnant women.

(e) The agency's policies regarding religious practices and gifts, visits, mail, and telephone calls between the child or pregnant women and their families shall be given to the family in writing prior to admission.

(f) Discipline: Agencies shall develop general discipline policy which identifies the type of children served, describes the anticipated behavioral problems of this population, sets forth acceptable methods of dealing with these behaviors, and details the required qualifications and training of staff working with the residents. All consequences of undesirable behavior shall be reasonable and consistent with the service plan for the resident. Discipline policies shall be explained to the parent or guardian and the child prior to admission.
1. All discipline must be reasonable and responsibly related to the child's understanding, need, and level of behavior. All discipline shall be limited to the least restrictive appropriate method and administered by appropriately trained staff.

2. Encouragement and praise of good behavior is often more effective than punishment, and is a must in disciplining a child. The child's acceptance of discipline and his/her ability to profit by it depends largely upon his/her feeling that he/she is liked, accepted, and respected.

3. Any discipline must be determined on an individual basis and be related to the undesirable behavior. Requiring children to accept the natural consequences of their acts may be a desirable experience provided consequences are not too drastic.

4. The agency shall have written policies and procedures prohibiting punishment which may adversely affect a child's health, physical, or psychological well being. A copy must be given to all residents, families, staff, and placing agencies. The following forms of punishment must not be used.
(i) Cruel and unusual punishment.

(ii) Assignment of excessive or inappropriate work.

(iii) Denial of meals, daily needs, and program provided by the individual service plan.

(iv) Verbal abuse, ridicule, or humiliation.

(v) Permitting a child to punish another child.

(vi) Chemical or mechanical restraints.

(vii) Denial of planned visits, telephone calls, or mail contacts with family.

5. If corporal punishment is permitted, such policies and procedures must:
(i) Require the written consent of the parent, guardian, or legal custodian.

(ii) Require reporting of the corporal punishment incident to the agency's administration.

(g) An agency shall not engage in practices which exploit the rights of children or pregnant women in care. These persons shall not be identified in connection with publicity for the agency unless a positive value accrues to them.

(h) Children or pregnant women In foster care shall be visited monthly by the caseworker. At least quarterly, this visit shall take place at the home or facility where the child or pregnant woman is placed. Visits shall be documented in the case record.

(i) The agency shall be responsible for children's school attendance in accordance with Tennessee Law.

(j) Educational testing shall be provided when a need is indicated. The agency shall be responsible for making every reasonable effort to obtain testing and any indicated remedial services for the child.

(k) The agency shall respect the total heritage and religious preference of a child or pregnant woman in care.

(l) The agency shall make arrangements for each child to accumulate appropriate meaningful material such as photographs, clippings, artwork, and/or schoolwork which provide the child with tangible evidence of his/her foster care experience.

(m) The agency shall provide each resident with a clear definition of their rights, obligations, and responsibilities including confidential aspects of their placement.

(n) The agency shall conduct regular staffing sessions on each resident related to his/her progress future goals. These sessions shall include all appropriate personnel.

(2) SERVICES TO CHILDREN IN FOSTER CARE

(For children other than newborn infants being placed for adoption.)

(a) Services shall include:
1. Intake

2. Services to children and their families in their own home.

3. Placement and supervision in foster care.

4. Transitional preparation of child for placement.

5. Foster home studies, ongoing training, and long-term support plan.

6. Discharge

7. Follow-up services

(b) An intake and case planning study shall be completed in order to determine if removal of the child from his own home or present placement is necessary. If possible, this should be completed prior to acceptance of the child and, in any event, shall be completed within 30 days of placement. The study shall include:
1. Information, as complete as possible, on the family situation. This information shall be obtained through interviews and from referral sources.

2. Information on the child's developmental and health history, physical condition, personality, school placements, and adjustment.

3. Evaluation of the past experiences and problems of the child to determine the service best suited to his/her needs.

4. Immediate and long-range goals in respect to assisting the child and his family, including discharge and follow-up.

(c) Except when an emergency exists, there shall be a planned procedure to prepare the child for placement, giving him time and opportunity to understand what is happening.

(d) Unless there has been a termination of parents' rights, the agency shall encourage regularly scheduled contacts between parent and the child, except where it has been judicially determined that the visits are detrimental to the child.

(e) Appropriate visitation shall also be arranged for sibling groups, or other extended family members.

(f) An agency shall provide a complete health program for the children including:
1. Screening for admission
(i) The agency shall obtain a report of a physical examination for each child. The examination shall be completed no more than six months prior to placement and no later than two weeks after placement.

(ii) The agency shall obtain a health history, including parental health history if available, and a record of immunizations.

2. Ongoing medical care
(i) Every child over three years of age shall have a dental examination every year and treatment as indicated.

(ii) Children in an agency's care shall be given physical examinations at the following intervals:
(I) Birth to six months - every six weeks

(II) Six months to one year - every three months

(III) One year to six years - every 12 months

(IV) Six years and above - every three years

(iii) Children shall receive treatment from a physician when the need is indicated.

(iv) Children shall receive psychiatric or psychological services when a need is indicated.

(v) Children shall receive a sight and hearing evaluation within 45 days of placement.

3. A child shall have a complete physical examination within a month prior to an adoptive placement. A report of this examination shall be filed in the child's record.

(g) Each child in an agency's care shall have clothing of his own, for his exclusive use which is comparable in quality and variety to that worn by other children in the neighborhood.

(h) Funds shall be available to meet the incidental expenses of children in care, such as haircuts, school supplies, and allowances.

(3) SERVICES TO INFANTS IN FOSTER CARE AWAITING ADOPTION

(a) Casework services to the birthmother prior to the birth of the child and follow-up services after placement shall be available.

(b) Intake services and case planning for the infant shall include the following:
1. Information, as complete as possible, on the family background of the child and on the family situation.

2. Information, as complete as possible on the health history of the child's family.

3. Immediate goals in respect to the child and his birth family.

4. Goals in respect to follow-up services.

(c) The agency shall provide a complete health program for the child. An infant in care must have a complete physical examination within a week prior to an adoptive placement. Written reports on all medical examinations shall be in the record.

(d) The agency shall respect the total heritage and religious preference of the birth parent in the placement of an infant.

(4) MATERNITY SERVICES IN FOSTER CARE

(a) Services shall include:
1. Intake

2. Services to the pregnant women and their families in their own home.

3. Placement and supervision in foster care

4. Foster home studies

5. Discharge

6. Follow-up services

(b) An intake and case planning study shall be completed by the caseworker before the pregnant woman is placed in a foster home. The study shall include:
1. Information, as complete as possible, on the family situation. This information shall be obtained through interviews and from referral sources.

2. Background information which will include physical description, family, social, and health history.

3. Evaluation of the past experiences and problems of the pregnant women to determine the service best suited to serve her needs.

4. Immediate and long-range goals in respect to assisting the pregnant woman and her family including discharge and follow-up.

(c) The pregnant woman shall receive regular prenatal care as prescribed by a physician.

(d) The pregnant woman shall receive health education appropriate to her needs which may include:
1. Hygiene of pregnancy

2. Preparation for childbirth

3. Infant and child care

4. Drug and alcohol use and abuse

5. Family planning

6. Sex education

7. Parenting education

(e) The agency shall make reasonable efforts to find the alleged father.

(f) The agency shall offer services to both the pregnant woman and the alleged father. These services shall include:
1. A clear definition of their rights, obligations, and responsibilities.

2. A clear definition of the confidential aspects of the services provided for them and their child, and of the opportunity available to them at any time to waive their right of privacy if their child, upon reaching the age of maturity, wishes to know more about them or to see them.

3. Help in making a decision and understanding the finality of the decision to terminate parental rights and responsibility of the decision to terminate parental rights and responsibilities and what the decision means to them and their child.

4. Help in relinquishing their child to the agency, in terminating their parental rights, and in separating from their child.

5. Help in dealing with the finality of relinquishment of parental rights and the immediate plans for their own lives.

6. Post placement services, upon request.

7. Receipt of medical information of a familial or hereditary nature.

Authority: T.C.A. §§ 4-5-226(b)(2);14-10-104(4); 37-5-101; 37-5-105; 37-5-106; 37-5-112(a); 71-1-105(12) and 71-3-504.

Disclaimer: These regulations may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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