Current through Bulletin 2024-06, March 15, 2024
(1)
The foster parent shall comply with the following:
(a) be in good health and emotionally
stable;
(b) be able to provide for
the physical, social, mental health, and emotional needs of the foster
child;
(c) be a responsible person
who is 18 years of age or older;
(d) be able to communicate with the foster
child, DHHS, health care providers and other service providers;
(e) have at least one functionally literate
applicant in the home able to read medication labels and other critical
information;
(f) provide
documentation of legal residential status in accordance with the Code of
Federal Regulations Title 63, Chapter 99a, Parts 104 and 1621;
(g) have the ability to help the foster child
thrive;
(h) not be dependent on
foster care reimbursement for their own expenses, outside of those expenses
directly associated with providing foster care services;
(i) provide updated medical, social,
financial, or other family information when requested by the office or
agency;
(j) follow federal, state
and local laws and ordinances;
(k)
not engage in conduct that poses a substantial risk of harm to any person or
that is illegal or grounds for denying a license under Section
26B-2-112; and
(l) cooperate with the custodial agency goals
and requirements regarding permanency and reunification.
(2) A DHHS employee may not be licensed or
certified as a foster parent for children in the custody of their respective
division, unless they qualify as a relative to the child in accordance with
Subsection
80-2a-101(5). An
employee may provide foster services for children in the custody of a different
division only with the prior written approval of both divisions' directors in
accordance with DHHS conflict of interest policy.
(3) The foster parent shall cooperate with
the office, agency, courts, and law enforcement officials.
(4) The foster parent shall read,
acknowledge, and comply with the provider code of conduct.
(a) The foster parent may not abuse, neglect,
or maltreat a foster child through any act or omission.
(b) The foster parent may not encourage or
fail to deter the acts or omissions of another that abuse, neglect, or maltreat
a foster child.
(5) No
more than two children under the age of two, including children who are members
of the household and foster children, shall reside in a foster home.
(6) No more than two non-ambulatory children,
including children who are members of the household and foster children, shall
reside in a foster home.
(7) No
more than four foster children shall reside in a licensed foster home and no
more than three foster children shall reside in a certified foster home unless:
(a) placing a foster child or sibling group
in a home where they previously resided;
(b) placing a foster child where a sibling
currently resides;
(c) placing a
sibling group in a home that:
(i) has no
other foster placements; or
(ii)
has only one other foster placement.
(8) The foster parent shall utilize
reasonable and prudent judgment in selecting an incidental caregiver for a
foster child and incidental care may only be utilized by a DHHS licensed foster
parent, not a foster parent certified by a licensed child placing
agency.
(9) The foster parent may
provide respite care in their home as long as they remain in compliance with
licensing rules in regard to each child placed for foster and respite care. The
foster parent may provide respite care when the additional foster children
exceed their licensed capacity only as follows:
(a) there are no licensing sanctions
currently imposed, including corrective action plans or conditional licenses;
and
(b) total number of foster and
respite children in a home at one time may not exceed six unless all except one
or two of the children are part of a single sibling group.
(10) Respite care, child care, incidental
care, emergency care or other temporary care for a foster child may be allowed
in a licensed or unlicensed setting, with or without background clearances if
the child's DHHS client record identifies, by name, the kinship connections to
be maintained.
(a) The DHHS custodial agency
shall set parameters and oversee the safety aspects of a kinship
connection.
(b) Unlicensed kinship
respite caregivers, identified by DHHS, are still subject to licensure
background screening requirements and a custodial agency walk-through of the
home for safety approval.
(c) A
licensed child placing agency, except a DHHS custodial agency, may not utilize
an unlicensed caregiver for care of any foster child, unless specifically
outlined in the custodial agency client record and authorized by the child's
case worker.
(11) The
foster parent shall report the following major changes or events to the office
or agency within one business day;
(a) the
death or serious illness of a member of the foster parent's
household;
(b) change in marital
status;
(c) loss of
employment;
(d) change in household
composition, such as the birth or adoption of a child, addition of household
members, or tenants;
(e)
allegations of abuse or neglect of any child or vulnerable adult against any
member of the foster parent's household; or
(f) anything defined as a "critical incident"
in Rule R501-1.
(12) the
office or agency shall evaluate major changes to determine necessary actions
that may include an update to the home study, implementation of a safety plan,
amendments to the license certification, request for new references or
examinations, or agency action.
(13) The foster parent shall report any
potential change in address in advance to the office or agency.
(a) A license or certification is
site-specific.
(b) An adjoining
dwelling with a separate address that is not accessible from the foster home is
not considered part of the foster home site.
(c) A foster child may not be moved into a
home that is not licensed or certified to provide foster care except as allowed
in Subsection R501-1-6(2) for
relocation of a license.
(d) The
foster parent shall reside at the license location.
(e) In the event of a separation or divorce,
the office or agency shall remove a foster parent who no longer resides at the
licensed location from the license certificate and that foster parent shall
apply for a separate initial license and meet licensing requirements in the new
residence to become licensed at the new location.
(i) The foster parent remaining in the home
shall demonstrate the ability to continue to meet the financial and other
foster care licensure requirements and the office or agency shall complete an
update to the home study.
(14) The foster parent shall offer
nutritious, balanced meals that meet each foster child's individual
needs.
(15) A foster parent with a
foster placement in the home shall continually comply with Rule R501-12 and a
foster parent with no placements in the home shall demonstrate ability to
comply upon request and ensure compliance before any new placement is
made.
