(1) The agency shall comply with Rule R501-1
regarding incident reporting, Rule R501-14 regarding background screenings and
Section 80-2-7 regarding the Interstate
Compact for the Placement of Children (ICPC) for agencies taking placements
from out- of- state.
(2) The agency
shall recruit, train, certify, and supervise foster parents.
(3) The agency may not certify a home that is
licensed or certified or applying to be licensed or certified with any other
agency.
(4) The agency may not
certify agency owners, directors, managers, and members of the governing body
to provide foster care services for foster children placed with or by any child
placing foster agency.
(5) The
agency shall:
(a) verify completion of the
foster parent's training requirements before issuing an initial or renewal
certification and before placing a foster child in the home;
(b) in addition to the foster parent training
requirements of Rule R501-12, train each foster parent regarding the agency's
policies and procedures and safe practices before placing a foster child in the
home;
(c) provide the department
with identifying information of certified foster homes via the DCFS provider
website if contracted to take DCFS placements, or directly to the licensor as
requested of a private agency;
(d)
maintain documentation of the initial and annual home studies and any updates
and provide to the department upon request;
(e) have a written agreement with the foster
parents that includes:
(i) the expectations
and responsibilities of the agency, staff, foster parents and limitations of
authority;
(ii) the services to be
provided to and by the foster parent;
(iii) the requirements to provide medical,
remedial, treatment, and other specialized services to a foster
child;
(iv) the financial
arrangements for a foster child placed in the home;
(v) the authority foster parents can and
cannot exercise over a foster child placed in the home; and
(vi) actions that require staff or DHHS
authorizations;
(f)
monitor and keep detailed documentation regarding foster parents' compliance
with Rule R501-12;
(g) document
each announced and unannounced visit to the foster home, including an initial
safety inspection and a minimum of one unannounced safety inspection
annually;
(h) document each safety
inspection completed by the agency on the office-provided home inspection
checklist, or a similar form that contains all of the office-provided form
contents;
(i) coordinate with the
office when checklist items are not compliant or other noncompliance is noted
to determine how to proceed;
(j)
document actions on foster parent certifications in the foster parent file to
include any request for remediation with assigned time frames, request
corrective action plan from the foster parent, or any action to suspend
certification or revoke certification;
(k) escalate the level of agency action taken
toward foster parent certification when there are multiple notations of
noncompliance with the same rule;
(l) maintain completed checklists and
compliance monitoring documentation in each foster parent file;
(m) investigate complaints and alleged
violations of Rules R501-12, R501-14 and R501-1. The agency shall provide
documentation to the office of any investigations into complaints and alleged
violations of licensing rules;
(n)
provide written notification to each foster parent that informs the foster
parent of the rights and responsibilities assumed by the foster parent who
signs as the responsible adult for a foster child to receive a driver license,
as described in Section
53-3-21 and maintain documentation
in the foster parent's file, signed and dated by the foster parent,
acknowledging receipt of a copy of this written notification;
(o) have and comply with written policies and
procedures regarding the denial, suspension, and revocation of a foster
parent's certification to provide foster care services, that includes written
notification of the foster parent's appeal process;
(p) provide documentation and immediate
notification to the office and and the custodial agency of any denial,
suspension, revocation or other agency-initiated termination of a foster
parent's certification;
(q) not
grant or permit any variance to Rule R501-12 or any other regulation without
the prior written consent of the director or director's designee of the
office;
(r) certify foster parent
for a specific time period that does not exceed one year before placing any
foster child in the home and make documentation of certification dates
available to the office upon request;
(s) provide ongoing supervision of certified
foster parents to ensure the quality of care they provide; and
(t) participate with each foster child's
legal guardian and the foster parent to obtain, coordinate, and supervise care
and services necessary to meet the needs of each foster child in their
care.
(6) The agency may
not take placement of a foster child whose needs exceed the scope or ability of
the program to reasonably manage, and the agency shall:
(a) outline in policies and procedures the
behaviors and presenting issues would be reason for discharge or exclusion from
the program;
(b) document how the
placement of the foster child is appropriate and commensurate with presenting
needs and the services that are available to address the child's
needs;
(c) conduct or coordinate
monthly visits to the foster child in the placement or school;
(d) maintain responsibility for the child's
behavior in the program, school and community;
(e) maintain responsibility for transitioning
a foster child or 18 to 21 year old into safe and appropriate placement upon
discharge from the program or in accordance with ICPC disruption plan if the
child is from out-of-state; and
(f)
ensure in policy and safe practices that sending a child to a homeless shelter,
refusal to pick up from detention, or offering one-way plane or bus tickets are
not appropriate or responsible program transition actions, unless supported by
therapeutic or parental recommendation.
(7) The agency shall:
(a) provide and receive approval from the
school district of certified homes with a youth education coordinating form in
compliance with the requirements of Section
26B-2-116;
(b) provide accurate and truthful written
references for any previously certified home that requests such reference to
work with foster children in another licensed agency;
(c) maintain copies of completed foster
parent initial and renewal applications and accompanying documents, home study
document and any subsequent updates, and any other foster parent documentation
in a format easily accessible for office review;
(d) follow DHHS contract requirements and
request guidance from the Division of Continuous Quality and Improvement and
the office in the event of conflicting requirements; and
(e) if serving individuals involved with the
Division of Services for People with Disabilities, ensure compliance with the
Home and Community Based Services (HCBS) Settings Final Rule as identified in
the Code of Federal Regulations, Title 42, Parts 430 and 431 that shall prevail
in the event of a conflict with any rule under Title R501.
(8) Failure of the agency to take action when
foster parent noncompliance is alleged or noted may result in an action on the
agency license by the office.