Code of Vermont Rules
Agency 13 - AGENCY OF HUMAN SERVICES
Sub-Agency 162 - DIVISION OF LICENSING AND REGULATION
Chapter 005 - LICENSING CHILD CARE PLACING AGENCIES
Section 13 162 005 - LICENSING CHILD CARE PLACING AGENCIES
Universal Citation: VT Code of Rules 13 162 005
Current through February, 2024
GENERAL INFORMATION
DEFINITION OF CHILD PLACING AGENCY
A child placing agency is an organization established for the purpose of providing or arranging placement for children in foster homes, residential child care facilities or adoptive homes.
All child placing agencies must meet the requirements of the "Administration and Organization" and "Staff" sections. In addition:
A. To receive children for their placement in private homes for adoption and/or to investigate and approve adoptive home, Agencies must also meet the requirements of the "Adoption" section.
B. To receive children for their placement in foster homes or residential child care facilities and/or to investigate and approve foster homes or residential child care facilities, Agencies must also meet the requirements of the "Foster Care" section.
STATUTORY AUTHORITY
Pursuant to the provisions of 33 VSA, the Vermont Department of Social and Rehabilitation Services is the agency of government authorized and responsible for the regulation of child placing agencies and the promulgation of standards governing these agencies.
SCOPE AND APPLICABILITY OF REGULATIONS
These licensing regulations provide for the protection and well-being of children receiving services from child placing agencies. Vermont laws regulating licensing of child placing agencies are set forth in Title 33 of the Vermont Statutes Annotated as follows:
Section 2851. Foster care and placement licensing
(a) A person, other than an employee
of a department within the agency of human services, shall not place any child
in foster care for more than fifteen consecutive days unless the person has a
license from the department to do so or is an employee of a child placing
agency licensed by such department.
(b) A person shall not receive, board or keep
any child in foster care for more than fifteen consecutive days unless he has a
license from the department to do so. This subsection shall not apply to foster
homes approved by a department within the agency of human services or by a
licensed child placing agency nor shall it apply to those facilities where
educational or vocational training is the primary service and foster care is a
supportive service only.
(c) This
section shall not restrict the right of a court, parent, guardian, or relative
to place a child, nor the right of a person not in the business of providing
foster care or child care to receive, board and keep a child when a valuable
consideration is not demanded or received for the child's care and maintenance.
and Title 15 of Vermont Statutes Annotated as follows:
432. AGENCIES AUTHORIZED TO RECEIVE CUSTODY
OF MINOR FOR ADOPTION
(a) The department of
social and rehabilitation services or any charitable or religious corporation
organized under the laws of this state and having no capital stock, when
properly licensed by the department of social and rehabilitation services as a
child placing agency, shall have the power to receive, for the purpose of
obtaining for him a legal adoption, any minor who shall be relinquished to it
by his parent, surviving parent, or guardian. Such corporation shall have the
sole and exclusive care, guardianship and direction of the person of such a
minor, but not of his property. The act of relinquishment on the part of those
entitled to execute the same shall be in writing and all such relinquishments
and orders of commitment by court or certified copies of such orders shall be
preserved in the records of the corporation. After such relinquishment,
surrender or commitment of the minor, the corporation shall have the power to
file a petition for adoption and to sign, seal, and acknowledge the final
adoption decree required by law on behalf of such minor. In all cases of
relinquishment of a minor to a private individual, such relinquishment must be
made before a judge of probate in Vermont.
PROVISIONAL LICENSE
A provisional license may be issued when certain requirements have not been met, provided that the noncompliance does not constitute a hazard or a major programmatic weakness.
PROCEDURES
An application for a child placing agency license may be obtained from the Department of Social and Rehabilitation Services, Division of Social Services, Foster and Group Care Licensing Unit. The office is located in the Osgood Building, 3rd floor, of the State Office Complex at Waterbury, Vermont. The mailing address is:
Department of Social and Rehabilitation Services
Division of Social Services
Foster and Group Care Licensing Unit
103 South Main Street
Waterbury, Vermont 05676
When completed, the application should be returned to the above office.
RENEWAL
Application for renewal of a license as a child placing agency shall be made in accordance with the policies and procedures of the Department.
APPEALS
In accordance with Title 33, Vermont Statues Annotated, a person who has been refused a license, or whose license has been been suspended, or whose license the Department has proposed to revoke will be granted a fair hearing before the Human Services Board upon request. Rules governing the conduct of fair hearings are available from the Human Services Board. All requests for fair hearings shall be addressed to the Human Services Board, 118 State Street, Montpelier, Vermont.
PENALTY
Operation of a child placing agency without a license may result in the imposition of penalties and denial of the license application.
CONSULTATION
The Department, on the written request of an applicant, licensee, or any interested person, will give consultation about the interpretation of any of these regulations.
AUTHORITY TO APPROVE FOSTER HOMES
The state licensing authority will grant the authority to approve foster homes to a child placing agency which has previously been licensed to perform and has performed this function in Vermont or in another state at a level which meets Vermont regulations. Such agencies will be required to submit home studies to the state licensing authority for review during at least the first year of operation; at the time of each annual relicensure, the state licensing authority will determine whether it will continue to require such submissions.
The state licensing authority will not grant the authority to approve foster homes to a child placing agency which does not meet these criteria. Such agencies may be authorized to conduct foster home studies and to submit them to the state licensing authority for review and issuance of a license.
If a child placing agency's approval process and home review fail to meet licensing requirements, the child placing agency's prospective foster homes may be required to undergo a home study and licensing process completed by the state licensing authority.
At the time of license renewal, the Agency's ability to complete home studies in accordance with Vermont licensing regulations will be reviewed.
DEFINITIONS
AGENCY - A child placing agency.
APPLICANT - A person formally seeking authority to operate a child placing agency; a person seeking to become a foster parent, adoptive parent or the operator of a residential child care facility
APPROVAL - The formal process used by an Agency to determine the acceptability of a foster home, adoptive home or residential child care facility; the document resulting from the process.
CASE RECORD - A unified, comprehensive collection of information concerning a child in the care of an Agency.
CHIEF ADMINISTRATOR - The person designated responsible for the overall daily operation of the Agency.
CHILD - Any person legally defined as a child under State law; a child receiving services from an Agency.
CHILD PLACING AGENCY - An organization established for the purpose of providing or arranging placement for children in foster homes, residential child care facilities or adoptive homes.
CUSTODIAN - Any person or agent legally defined as such under State law.
FAMILY - A unit having as its nucleus one or more adults with a long-term committment to caring for and rearing children; an extended network of related people.
FINALIZATION - The final legal approval of an adoption by order of the Probate Court, usually following a six-month trial period, though the trial period may be waived by the Probate Court.
GOVERNING BODY - A person or persons with the ultimate responsibility for conducting the affairs of an Agency.
LICENSE - A written certification of an Agency's authorization to operate under State law together with the conditions of such authorization.
OPEN ADOPTION - An agreement, either private or through a court order, between biological and adoptive parents that the adopted child may remain in contact with the biological parents.
PARENT - The natural or adoptive mother or father.
PERMANENCY PLANNING - Casework practice aimed at providing children with a stable, permanent home, preferably with their own family or an adoptive family.
PLACEMENT - The placement of a child in an adoptive home, foster home or residential child care facility.
PLACEMENT AGREEMENT - A written document specifying the terms of a child's placement.
RESIDENTIAL CHILD CARE FACILITY - A place which provides a planned program aimed at behavioral change, administered by qualified staff, for child in a twenty-four hour residential setting.
SERVICE PLAN - A comprehensive, time-limited, goal-oriented, individualized plan for the care, treatment and education of a child in the care of an Agency. The service plan is based on a current comprehensive evaluation of the child's needs.
STAFF - All persons providing services within an Agency, including all employees, volunteers, student interns and consulting professionals.
STATE LICENSING AUTHORITY - The governmental agency with the ongoing responsibility for the formal authorization of the operation of child placing agencies.
SURROGATE PARENTING - A contractual arrangement, usually involving a fee, whereby a woman conceives and bears a child for the purpose of adoption by a specific individual or couple. The adopting father may or may not be the biological father.
TREATMENT STRATEGY - A consistent plan of services designed to meet the special needs of a child, over and above the provision of basic care.
VARIANCE - Legal permission received from the state licensing authority to meet the intent of a regulation in a way other than that specified by the regulation.
100 ADMINISTRATIVE
PRACTICES AND PROCEDURES
100.01 An Agency
involved in foster care placement shall not be operated without the formal
prior approval of the state licensing authority.
100.02 An applicant shall apply for a license
on a form provided by the state licensing authority.
100.03 An applicant shall submit with the
first application for licensure the following:
100.03.1 a copy of the Agency's
by-laws;
100.03.2 a proposed budget
for the first year of operation including proposed expenditures and funding
sources;
100.03.3 a statement of
purpose;
100.03.4 a proposed
organization chart;
100.03.5 a list
of members and the positions of the governing body they hold;
100.03.6 a description of staff job
responsibilities.
100.04
An Agency shall allow the state licensing authority to inspect all aspects of a
program's functioning which impact on children and to interview any staff
member of the Agency or any child in care of the Agency.
100.04.1 An Agency shall make available to
the state licensing authority any information required for the assessment of
compliance with these regulations.
100.05 An Agency shall notify the state
licensing authority at least 90 days before any of the following:
100.05.1 a planned change of ownership and/or
sponsorship;
100.05.2 a planned
change of location;
100.05.3 a
planned change in the name of the Agency;
100.05.4 a planned change in the Chief
Administrator;
100.05.5 a
substantial planned change in services provided or population served;
100.05.6 the Agency shall give notice as soon
as possible if any of the above changes occurs without prior
planning.
101
VARIANCES
101.01 An Agency shall comply with
all applicable requirements unless a variance for specific requirements has
been granted through a prior written agreement with the state licensing
authority.
101.02 A variance for
specific requirement(s) shall be granted only when the Agency has documented
that the intent of these requirement(s) will be satisfactorily achieved in a
manner other than that prescribed by the requirement(s).
101.03 When an Agency fails to comply with
the agreement, in any particular, the agreement shall be subject to immediate
cancellation.
102 PURPOSE
AND INCORPORATION
102.01 Every Agency shall
be incorporated. If incorporated outside the State of Vermont, it shall secure
authorization from the Secretary of State to do business in Vermont.
102.02 The purpose or purposes of the Agency
shall be set forth in the Articles of Incorporation and by-laws under which the
Agency operates.
103 THE
GOVERNING BODY
103.01 An Agency shall have a
governing body that has the ultimate authority for the program and is
responsible for assuring the Agency's continual compliance and conformity with
the provisions of the state law and licensing regulations.
103.02 The governing body shall consist of
not less than five members.
103.03
The governing body shall provide for local input into the policies and
operation of the Agency's activities in Vermont.
103.04 The governing body of an Agency shall
adopt and periodically review and revise written by-laws and policies. These
shall define the program goals and shall describe and define the major lines of
authority and areas of responsibility within the Agency. These by-laws and
policies shall:
103.04.1 Define the
qualification for governing body membership;
103.04.2 Define the types of
membership;
103.04.3 Have
provisions which preclude the fact and the appearance of conflict of
interest;
103.04.4 Outline the
method of selecting members;
103.04.5 Specify the terms of appointment or
election of members, officers, and chairpersons of governing body committees
and the frequency of governing body meetings and attendance
requirements;
103.04.6 Prohibit
members of the governing body from being paid members of the staff;
103.04.7 Provide for orientation of new staff
members.
103.05 The
governing body of an Agency shall have duties including:
103.05.1 Appointment of a qualified
administrator, along with a delineation of the responsibilities and authority
of this individual;
103.05.2
Establishment of program policy and review of major operational decisions made
by the administrator;
103.05.3
Review and approval of an annual budget to carry out the objectives of the
Agency;
103.05.4 Annual written
evaluation of the administrator, based on the job description and standards of
performance.
103.06 The
governing body in consultation with the administrator shall formulate and at
least annually review written policies concerning:
103.06.1 The Agency's goals and current
services;
103.06.2 Personnel
practices and job descriptions;
103.06.3 Fiscal management;
103.06.4 Ongoing evaluation of
services.
103.07 The
governing body shall provide to the licensing authority documents which fully
identify the ownership of the Agency.
104 PROGRAM DESCRIPTION
104.01 An Agency shall have a written program
description which outlines all programs operated by the Agency, their
interrelationships and how these contribute to the stated purposes of the
Agency. The program description shall include the Agency's plan for the
provision of services, as well as the assessment and evaluation procedures
used. It shall make clear which services are provided directly by the Agency
and which will be provided in cooperation with community resources. The program
description shall be available to the public on request.
105 FISCAL MANAGEMENT
105.01 An Agency shall demonstrate fiscal
accountability through regular recording of its finances, an annual financial
statement and an annual review of its finances by an independent, external
auditor. This statement shall be made available to any agency which provides
funds to the child placing Agency.
105.02 An Agency shall have written
disclosure of any financial transaction concerning the provision of goods or
services to the Agency when that transaction involves a member of the immediate
family of a member of the governing body or a staff person. This disclosure
shall indicate that the services or goods involved are provided at competitive
costs or under terms favorable to the Agency.
106 FUND RAISING, PUBLICITY AND RESEARCH
106.01 An Agency shall assure that any fund
raising, community activity, publicity or research involving children is
conducted in a manner which respects the dignity and rights of children and
their families and complies with all relevant state and federal laws regarding
confidentiality.
106.02 An Agency
shall obtain the written consent of a child, when appropriate, and the child's
custodian before the child is photographed or recorded for research or program
publicity purposes.
106.03 Prior to
engaging in any form of research involving the direct participation of
children, an Agency shall have written policies regarding participation of
children in research projects. These policies shall:
106.03.1 Provide for obtaining the consent of
the child's parent(s) or custodian;
106.03.2 Assure the confidentiality of all
information obtained;
106.03.3 Be
consistent with accepted guidelines regarding the participation of human
subjects in research.
107 RECORDS
107.01 An Agency shall have written
procedures for the maintenance, security and protection of records, specifying
who shall supervise the maintenance of records, who shall have custody of
records, and to whom records may be released. Records shall be the property of
the Agency. The Agency shall secure records, including electronic records,
against loss, tampering and unauthorized use.
108 CASE RECORDS
108.01 An Agency shall have a written policy
for protection of the confidentiality of all case records. This policy shall
not conflict with relevant state and federal law.
108.01.1 Staff shall be made aware of the
need for protection of confidential information, whether written or
oral;
108.01.2 Access to
confidential information among the staff shall be on a need-to-know
basis.
108.02 An Agency
shall, upon request, make available information in the case record to the
child, his parent(s) or custodian and their respective legal counsel if the
information being released does not contain material which violates the right
of privacy of another individual and/or material that should be withheld from
release according to other laws or by order of a court of competent
jurisdiction. If, in the professional judgment of the administration of the
Agency, certain information contained in the record would be damaging to a
child, that information may be withheld except when release of the information
is ordered by the court.
108.03 An
Agency may use material from case records for teaching or research purposes,
development of the governing body's understanding and knowledge of the
facility's services or similar educational purpose, provided that names are
deleted and other identifying information is disguised or deleted.
108.04 The content and format of all case
records shall be uniform within the Agency.
108.05 An Agency shall maintain a separate
written record for each child which shall include administrative, treatment,
and educational data from the time of admission until the time the child leaves
the Agency. A child's case record shall include at least the following:
108.05.1 The name, sex, birthdate and
birthplace of the child;
108.05.2
The name, address, telephone number and marital status of the parent(s) or
guardian of the child;
108.05.3
Date of admission and source of referral;
108.05.4 When the child was not living with
his/her parent(s) prior to admission, the name, address, telephone number and
relationship to the child if the person with whom the child was
living;
108.05.5 Date of discharge,
reason for discharge and the name, telephone number and address of the person
or agency to whom the child was discharged;
108.05.6 All documents related to the
referral of the child to the Agency;
108.05.7 Current custody and legal
guardianship status;
108.05.8
Consent forms signed by the parent(s) or guardian or custodian prior to
placement allowing the Agency to authorize all necessary medical care, routine
tests, immunization and emergency medical or surgical treatment for the child
when such treatment is procured by the Agency.
108.05.9 When any of the above information is
unavailable, the Agency shall document its attempts to procure this
information. When information is in the possession of another person or agency
but is unavailable to the child placing Agency, the Agency shall place a note
in the case record indicating the location of such information.
109 CHILD ABUSE AND
NEGLECT
109.01 An Agency shall report any
suspected or alleged incident of child abuse or neglect to the appropriate
State authority and cooperate fully in the investigation of any
incident.
110 INTERSTATE
AND INTERNATIONAL PLACEMENT
110.01 An Agency
which places children in or receives children from a state other than Vermont
or a foreign country shall adhere to the laws and rules pertaining to such
placements.
110.02 An Agency shall
comply, as appropriate, with the terms of the Interstate Compact on Juveniles,
Interstate Compact on the Placement of Children, and Interstate Compact on
Adoption and Medical Assistance.
STAFF
200 STAFF OUALIFICATIONS
200.01 An Agency shall have an executive
director who has the necessary and appropriate education and experience
required for the management of the Agency's operation; and who has at least
five years' experience in a public or private organization involved in
providing services to children, at least two of which shall be with an agency
involved with the placement of children.
200.02 An Agency shall have a social work
supervisor who has at least a masters' degree in social work and two years'
subsequent experience in the field being supervised (adoption or foster care);
or a masters' degree in human services, psychology, guidance and counseling or
sociology and four years' subsequent experience in the field being
supervised.
200.03 Social workers
shall have at least a bachelors' degree.
201 STAFF EVALUATION AND DEVELOPMENT
201.01 An Agency shall have and implement a
written plan for orientation, ongoing staff development, supervision and
evaluation of all staff members.
201.02 An Agency shall have an introductory
orientation program for all staff. This program shall include orientation to
the Agency's policies and procedures, to overall program goals and to the
responsibilities of the staff member's job.
201.03 An Agency shall assure that at least
one evaluation/planning conference per year for each staff member is held,
documented and signed by the staff person and his/her immediate supervisor.
There must be an opportunity for the employee to express agreement or
disagreement with the evaluation in writing. The staff person shall be given a
copy of the evaluation.
202 PERSONNEL POLICIES AND PRACTICES
202.01 There shall be a sufficient number of
qualified staff with sufficient authority to adequately perform the following
functions:
202.01.1 Administrative;
202.01.2 Fiscal;
202.01.3 Clerical;
202.01.4 Supervisory;
202.01.5 Record keeping and
reporting;
202.01.6 Other service
functions which form a part of the program.
202.02 All staff members shall be properly
certified and/or licensed as legally required.
202.03 An Agency shall have a written
description of its personnel policies and procedures. This description shall be
provided to all staff members and available to all persons seeking
employment.
202.04 An Agency shall
have complete written job descriptions covering all positions within the Agency
and a list of all current staff assignments and lines of authority. All staff
shall have access to these.
202.05
An Agency shall not hire, or continue to employ, any person whose health,
educational achievement or behavior and actions including history of criminal
activity impairs his/her ability to protect the health and safety of the
children served, or is such that it might endanger the physical or emotional
well-being of the children served.
202.06 An Agency shall not continue to employ
any person whose performance indicates the lack of skill or ability to perform
the job.
202.07 An Agency shall
require written references or written telephone notes on such references before
hiring staff who will work directly with children.
203 PERSONNEL FILE
203.01 An Agency shall have a personnel file
for each employee which shall contain:
203.01.1 The application for employment
and/or resume;
203.01.2 Reference
letters or telephone notes on such references;
203.01.3 Applicable professional
credentials/certifications;
203.01.4 All performance
evaluations;
203.01.5 Personnel
actions, other appropriate materials, reports and notes relating to the
individual's employment with the Agency;
203.01.6 Employee's starting and termination
dates.
204
STAFF COMMUNICATIONS
204.01 An Agency shall
establish procedures to assure adequate communication and support among staff
to provide continuity of services to children.
205 EXTERNAL PROFESSIONAL SERVICES
205.01 An Agency shall make every effort to
obtain any professional services required for the implementation of the
individual service plan of a child that are not available from employees of the
Agency.
206 VOLUNTEER
SERVICES
206.01 An Agency which uses
volunteers or student interns on a regular basis, or uses volunteers or student
interns to work directly with a particular child or group of children for an
extended period of time, shall have a written plan for using such resources.
This plan shall be given to all volunteers or student interns. The plan shall
indicate that all such persons shall:
206.01.1 Conform to written qualifications
for volunteers and student interns;
206.01.2 Be directly supervised by a paid
staff member;
206.01.3 Be oriented
and trained in the philosophy of the Agency and the needs of children in care,
and methods of meeting those needs;
206.01.4 Be subject to character and
reference checks similar to those performed for employment
applicants;
206.01.5 Be used to
enrich the program, but not be given the responsibility to provide essential
service;
206.01.6 Be made aware of
the need for protection of confidential information, whether written or oral.
ADOPTION
300 STAFF DEVELOPMENT
300.01 An Agency shall assure that all social
work staff have the qualifications needed to provide adoption services. These
qualifications shall include knowledge of;
300.01.1 Needs of single parents and services
offered by the Agency to meet these needs;
300.01.2 Motivations of adoptive
applicants;
300.01.3 Methods of
assessing adoptive applicants;
300.01.4 Legal aspects of adoption, including
rights of relinquishing parents and of adopting parents;
300.01.5 Cultural issues;
300.01.6 Needs of adoptive children following
adoption.
300.02 An
Agency shall have an ongoing program of staff development and training in the
areas specified in Regulation 300.01, and shall document that all social work
staff receive appropriate training in these areas.
301 PERMANENCY PLANNING AND RELINQUISHMENT
301.01 An Agency shall have written policies
and procedures governing its activities in accepting surrenders of children for
adoption. These policies and procedures shall include:
301.01.1 A description of services provided
to the relinquishing parent(s) prior to and following relinquishment;
301.01.2 Provisions for assuring that a
relinquishing parent understands the meaning of surrender of parental rights;
and is afforded sufficient opportunity to make a rational decision.
301.01.3 Provisions for avoiding conflict of
interest between the needs of relinquishing parents, the needs of adopting
parents, and the needs of the Agency;
301.01.4 Provisions for assuring the
participation of the child in the procedure, consistent with the child's
ability to understand.
301.02 An Agency shall encourage the personal
appearance of the relinquishing parent(s) at the probate court hearing at which
termination of parental rights occurs.
301.03 An Agency shall provide counseling to
parents wishing to relinquish their children. When such counseling is not
possible or is contraindicated, the reasons shall be documented in the case
record.
301.04 An Agency shall have
a written description of any other services it is able to provide to
relinquishing parents who desire them.
302 THE APPROVAL PROCESS
302.01 An Agency shall have a written
description of its process for approving adoptive parents, including areas to
be explored in the approval process.
302.02 An Agency shall obtain a written
application from all applicants for adoption.
302.03 An Agency shall prepare a written home
study before approving an applicant for adoption. The home study shall include:
. . .
302.03.2
Significant experiences in the history of the family, * [especially] *
including separation and loss through death, divorce, desertion, etc., and
history of criminal activity;
302.03.3 History of reaction to
stress;
302.03.4 Parenting
experiences, styles, and philosophy of discipline;
302.03.5 Family composition including daily
routines;
302.03.6 Reasons for
family's applying for adoption;
302.03.7 Current relationships within the
family, i.e., marital and parent-child relationships and attitudes toward human
sexuality;
302.03.8 Education,
employment, and patterns of social relationships;
302.03.9 Hobbies, special interests, skills,
and talents;
302.03.10 Social,
intellectual, and cultural information about the family;
302.03.11 Current functioning in relation to
daily living as well as in relation to stress or crisis;
302.03.12 Physical and mental health of all
family members, including use of controlled substances;
302.03.13 Home and money
management;
302.03.14 Religious
observance, affiliations, and activities;
302.03.15 Attitudes toward biological
parents, reunification and open adoption;
302.03.16 Child preference and fertility
issues.
302.04 Before
approving an applicant for adoption, an Agency shall conduct personal
interviews with all members of the household, consistent with their ability to
participate.
302.05 An Agency shall
obtain written references or written telephone notes on such references before
approving an adoptive applicant.
302.06 The decision to approve an adoptive
applicant shall be that of the Agency's professional social work staff. At
least two such staff shall be involved in the decision.
302.07 An Agency shall inform each applicant
of the Agency's decision on the application.
303 PLACEMENT
303.01 An Agency shall have written policies
and procedures governing the placement of children in adoptive homes.
303.02 An Agency shall not place a child with
a family that cannot reasonably be expected to meet the child's
needs.
303.03 An Agency shall not
place a child for adoption except with an applicant who has completed the
Agency's adoption study process and is currently approved by the
Agency.
303.04 An Agency shall
respect the right of an applicant to refuse a placement without
prejudice.
304 CASE
MANAGEMENT AND SUPERVISION
304.01 An Agency
shall make available to applicants for adoption at the time of application a
written description of services which are available to them from the Agency.
The description shall include services available prior to placement, during the
post-placement period, and following finalization. The description shall
include all applicable fees for services.
304.02 An Agency shall provide supervision to
the adoptive family and to the placed child during the period between placement
and finalization of adoption. Supervisory contacts shall be of sufficient
frequency and intensity to facilitate the success of the placement.
304.03 An Agency shall have a written
description of its plan for dealing with failed or disrupted placements,
including provision for counseling of the child and the family, respite care,
foster care, or placement in another adoptive home.
304.03.1 When the failure or disruption takes
place prior to finalization, the Agency shall provide such services as are
necessary to remedy the situation.
304.03.2 The Agency shall inform adoptive
applicants of its policies on the provision of such services after the adoption
is finalized.
305 RECORDS
305.01 An Agency shall maintain the following
information on both biological parents of children placed for adoption.
305.01.1 Name, sex, birthdate, and
birthplace;
305.01.2 Physical
description;
305.01.3 Medical,
educational and social history;
305.01.4 Marital status, including related
legal documents;
305.01.5
Information about interests and personality traits, positive as well as
negative;
305.01.6 Affidavits in
cases where the mother's husband is not the biological father of the
child;
305.01.7 Statements about
the parents' religious preferences, including consent to have their child
placed in a home of a religion different from their own;
305.01.8 Updated information provided by
biological parents to be given to their child at maturity;
305.01.9 Any agreement of the biological
parents to have their identify revealed to their child;
305.01.10 A summary of the services provided
to the parents;
305.01.11 When any
of the above information is not available, the Agency shall document its
attempts to procure the information.
305.02 An Agency shall maintain the following
information on children placed for adoption.
305.02.1 Birth records;
305.02.2 Decree of relinquishment or
termination of parental rights;
305.02.3 Date of acceptance into the Agency's
care;
305.02.4 Preplacement study
of the child;
305.02.5 Date of
placement;
305.02.6 Progress
reports during the period between placement and finalization of
adoption;
305.02.7 Evidence of
finalization of adoption;
305.02.8
When any of the above information is not available, the Agency shall document
its attempts to procure the information.
306 CONTRIBUTIONS
306.01 An Agency shall neither solicit nor
accept voluntary contributions from prospective adoptive applicants before
finalization of the adoption.
307 SURROGATE PARENTING
307.01 An Agency which is involved in the
adoption of children borne by a surrogate parent shall have policies addressing
the issues involved in surrogate parenting, including potential conflict of
interest.
FOSTER CARE
400 FOSTER CARE
400.01 An Agency shall assure that all foster
homes and residential child care facilities approved by the Agency meet current
Vermont licensing regulations.
401 STAFF
401.01 An Agency shall assure that all social
work staff have the qualifications needed to provide foster family services.
These qualifications shall include:
401.01.1
Specialized knowledge and skills in child care placement.
401.01.2 Knowledge and understanding of
growth and developmental needs of children.
401.01.3 Ability to communicate and work
effectively in a professional relationship with children.
401.01.4 Ability to work with families (both
natural and foster family with personal, social and environmental
problems).
401.01.5 Ability to work
with the various persons involved in the placement constellation (child,
parents, foster parents) and to differentiate one's own role in the specific
relationship with each person.
401.01.6 Knowledge of other professional
services and community resources pertaining to child placement and child
welfare.
401.01.7 Ability to work
with families on asking for help.
401.02 An Agency shall have an ongoing
program of staff development and training in the areas specified in Regulation
401.01, and shall document that all social work staff receive appropriate
training in these areas.
401.03 An
Agency shall make available the services of other professionals when needed to
meet the range of needs and problems of children and their families, foster
families and staff involved in foster family program.
402 RECRUITMENT
402.01 All recruitment methods used by an
Agency shall respect the confidentiality of the children and families served by
the Agency.
403 APPROVAL
403.01 An Agency shall have a written
description of its approval process to determine the suitability of a family
for foster care. The process shall include:
403.01.1 Screening of applications to
determine initial eligibility in terms of Agency requirements.
403.01.2 Provision of information to the
prospective foster parents about the services, policies, procedures and
expectations of the Agency so they can make an informed decision regarding
their suitability for doing foster care.
403.01.3 Personal interviews with all members
of the household, consistent with their ability to participate.
403.01.4 Assessment of compliance with all
regulations relating to the physical facility.
403.01.5 Obtaining written references or
written telephone notes on such references before approving an adoptive
applicant. If the family has previous experience with another Agency, that
Agency shall be one of the references.
403.01.6 Contact with other sources of
information, when necessary, to satisfy questions about the family's
suitability.
403.02 An
Agency shall prepare and maintain a written home study on all approved foster
homes. The home study shall include:
. . .
403.02.2
Significant experiences in the history of the family, * [especially] *
including separation and loss through death, divorce, desertion, etc., and
history of criminal activity;
. . . .
403.02.4 Parenting experiences, styles, and
philosophy of discipline;
403.02.5
Family composition, including daily routines;
403.02.6 Reasons for family's applying for a
foster child;
403.02.7 Current
relationships within the family, i.e., marital and parent-child relationships,
and attitudes toward human sexuality;
403.02.8 Education, employment, and patterns
of social relationships;
403.02.9
Hobbies, special interests, skills, and talents;
403.02.10 Social, intellectual, and cultural
information about the family;
403.02.11 Current functioning in relation to
daily living as well as in relation to stress or crisis;
403.02.12 Physical and mental health of all
family members, including use of controlled substances;
403.02.13 Home and money
management;
403.02.14 Religious
observances, affiliations and activities;
403.02.15 Ability to work with biological
families and with the Agency as part of a team;
403.02.16 Attitudes toward the biological
families of foster children.
403.03 The decision to approve a foster home
shall be that of the Agency's professional social work staff. At least two such
persons shall be involved in the decision.
403.04 An Agency shall inform each applicant
of its decision on the application.
404 REAPPROVAL PROCESS
404.01 An Agency shall conduct an annual
reapproval evaluation of its foster families. This shall include:
404.01.1 A site visit to verify compliance
with Vermont foster home licensing regulations and Agency
requirements;
404.01.2 Assessment
by the foster parents and the Agency's social work staff of the family's
performance during the year;
404.01.3 Recommendations for the future use
of the home, including the matching of the family with foster
children.
404.02 The
written re-evaluation shall be discussed and reviewed with the foster family
and social work staff, and both shall sign the report.
405 PLACEMENT
405.01 An Agency shall have a written
placement philosophy that includes a description of the placement process. The
placement process shall emphasize the suitability of the family and the child
for each other. The placement process shall include:
405.01.1 Provision of information about the
child and the child's family to the foster family prior to placement.
405.01.2 Provision of information about the
foster family to the foster child and the child's family prior to
placement.
405.01.3 Provision for a
pre-placement visit by the child to the foster family.
405.01.4 Involvement of the child's family in
the placement process when possible.
406 SUPERVISION AND SUPPORT OF FOSTER HOMES
406.01 No Agency shall place a child in an
approved foster home without providing formal orientation to foster parents
including but not limited to the following:
406.01.1 The goals and functions of the
Agency;
406.01.2 The specific needs
of the populations served by the Agency;
406.01.3 The dynamics of foster
care;
406.01.4 Legal issues
(custody and guardianship, the court system);
406.01.5 The licensing or approval
process.
406.02 A
minimum of eight hours of training must be offered to all foster families
annually.
406.03 An Agency shall
assign a member of the social work staff to visit each foster home in which
there is a child placed in accordance with the family's need for supervision
and support. Such visits shall occur at least monthly.
406.04 An Agency shall assure that a member
of the social work staff shall visit each foster home within seven days after a
placement is made.
406.05 An Agency
shall assure that a member of the social work staff shall visit each foster
home within seven days of the termination of any placement.
407 CASE MANAGEMENT
407.01 Before accepting a child for services,
an Agency shall conduct an intake evaluation to determine if a child qualifies
for and requires services provided by the Agency.
407.02 An Agency shall develop an initial
written placement plan with the involvement of the child, foster parents, the
parent(s) or guardian and/or custodian. involvement of any of these is not
feasible or desirable, the reasons for the exclusion shall be recorded. The
placement plan shall include at least the following:
407.02.1 A discussion of the child's, the
parent's and the custodian's expectations at the time of placement regarding:
family contact and visitation and how it shall occur; the nature and goals of
care, including any specialized services to be provided; the religious
orientation and practices of the child; and the anticipated discharge date and
plan.
407.02.2 A discussion of
expectations at the time of placement of the respective roles and
responsibilities of all agencies and persons involved with the child and
his/her family.
407.02.3 Provision
for reports to and meetings with parent(s), guardian and/or
custodian.
407.03 Within
60 days of placement, an Agency shall conduct a review of the child's service
needs and strengths in at the least the following areas:
407.03.1 Health care;
407.03.2 Education;
407.03.3 Personal and social
development;
407.03.4 Family
relationships;
407.03.5 Vocational
training;
407.03.6
Recreation;
407.03.7 Life skills
development.
407.04 On
the basis of this review, an Agency shall develop a written service plan, aimed
at successful discharge. This plan shall include the following components:
407.04.1 Goals to be achieved or worked
toward, based on identification of specific problems and strengths;
407.04.2 Strategies for fostering positive
family relationships for the child with his/her family or guardian.
407.04.3 Services to be provided and
activities to be pursued in order to achieve the stated goals;
407.04.4 Identification of all persons
responsible for implementation of the plan;
407.04.5 Specific time-limited targets in
relation to overall goals, and specific objectives and methods to be used for
evaluating the child's progress;
407.04.6 Preliminary plan for discharge and
aftercare.
407.05 The
completed service plan shall be signed by the chief administrator of the Agency
or his/her designee; and by the child, the child's parents or custodian and the
foster parents, unless contraindicated.
407.06 An Agency shall provide an opportunity
for at least the child, the child's parents or custodian and the foster parents
to participate in the planning process, unless contraindicated. An Agency shall
assure that the service plan and subsequent revisions are explained in language
understandable to these persons.
407.07 An Agency shall review each service
plan at least once every six months and shall evaluate the degree to which the
goals have been achieved. The service plan shall be revised as appropriate to
the needs of the child.
407.08
Prior to the planned discharge of a child, an Agency shall formulate an
aftercare plan specifying the supports and resources to be provided to the
child, unless there is another Agency which provides this function.
407.08.1 Prior to discharge, the Agency shall
advise the child and the child's custodian of his/her aftercare plan.
407.08.2 When a child is placed with another
Agency, there shall be sharing of information concerning the child.
408 LEGAL SAFEGUARDS
408.01 An Agency shall not remove children
from their own homes without the written consent of their parents, person
standing in loco parentis or legal guardian, or an appropriate court order. If
the legal status of a child is in doubt, the Agency shall petition the
appropriate court for a determination of the status of the child.
408.02 An Agency shall establish legal
safeguards through verification of guardianship. Appropriate agreements, such
as consent for placement, medical consent and financial agreement between the
Agency and foster family, natural parents and/or legal guardian, court,
institution, or another Agency, shall be obtained and recorded.
Disclaimer: These regulations may not be the most recent version. Vermont 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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