Mo. Code Regs. tit. 13 § 35-73.060

Current through Register Vol. 49, No. 20, October 15, 2024

Section 13 CSR 35-73.060 - Recommendation for Foster Home Licensing

PURPOSE: This amendment changes the division, chapter location and number, and updates references to other regulations.

(1) Initial Procedure.

(A) Prior to being licensed to recommend foster homes for licensure an agency shall-

1. Comply with rules as set forth by the division and demonstrate intent to comply with those rules where compliance can only be demonstrated after the agency has initiated operations;

2. Have a written statement of requirements for foster parents(s). These requirements shall be in compliance with foster home rules, 13 CSR 35-60.010 through 13 CSR 35-60.060 as set forth by the division; and

3. Have written procedures for processing foster home inquiries and applications.

(2) Recommendation of Foster Homes.

(A) Licensing recommendations shall be submitted to the division on forms provided or approved by the division and in the manner prescribed by the division.

(B) An agency shall ensure that foster parent(s) are in compliance with these rules and foster home rules, 13 CSR 40-60.010 through 13 CSR 40-60.060.

(3) Foster Parent Qualifications.

(A) Applicants for foster parents must be at least twenty-one (21) years of age.

(B) Foster parents shall be responsible, mature individuals of reputable character, who exercise sound judgment, display the capacity to provide good care for children, and display the motivation to foster parent.

(4) Foster Parent Training.

(A) An agency shall establish and submit to the licensing unit an annual written plan for all foster parent training.

(B) All foster parents shall receive twelve (12) hours of pre-service training prior to licensure.

(C) When applicable, agencies may utilize division foster family training.

(D) A minimum of ten (10) additional hours in-service training per year is required.

(5) Foster Family Services.

(A) Before services are provided, the agency shall provide orientation to prospective foster parents to acquaint them with the agency's policies and practices, grievance procedures, the approximate time the assessment will take, eligibility standards, and the types of children available so as to enable them to make an informed decision to proceed.

(B) An agency shall make available to prospective foster parents a verbal explanation of and a written agreement with the agency, describing specific services to be provided, reimbursement rates, and, rights and responsibilities of both parties. Said explanation and agreement shall include the following, if applicable:

1. Room and board payments;

2. Physician's expenses;

3. Hospital and other medical expenses;

4. Counseling services;

5. Transportation;

6. Contracted services, if applicable; and

7. Any other services as may be reasonably foreseeable.

(C) A written description of the foster care program will be provided to applicants upon request.

(6) Foster Family Assessment.

(A) The agency shall complete a foster family assessment of each eligible foster family prior to the placement of a child in the home.

1. The family assessment process shall consist of-

A. An individual interview with each applicant;

B. A joint interview with co-applicants;

C. Interviews with all members of the applicants' household; and

D. A visit to the residence of the applicant(s) which includes a complete inspection of the home.

2. The written family assessment shall include:

A. Identifying information on each member of the household including:

(I) Full name, including maiden if applicable;

(II) Current address and phone number, and previous addresses if less than five (5) years at current address;

(III) Date and place of birth;

(IV) Citizenship;

(V) Social Security number;

(VI) Race and ethnic background;

(VII) Religion, if applicable;

(VIII) Veteran's status, if applicable;

(IX) Education;

(X) Occupational history, place of employment, address and telephone numbers;

(XI) Any children not in the home; and

(XII) Physical description;

B. A social history on each applicant which shall include:

(I) Description of the applicant's family of origin, including type of family structure, values, child rearing, relationships past and present and discipline methods. If the family of origin was dysfunctional (for example, alcoholism, abuse) describe how the applicant has coped with the issues in his/her adult life;

(II) Educational history;

(III) Marital history and evaluation;

(IV) Interests and hobbies;

(V) Physical and mental health history including psychiatric, alcohol and drug use;

(VI) Applicant's personality, strengths and weaknesses, emotional stability and maturity; and

(VII) Religious beliefs and practices;

C. An assessment on the applicant(s) which includes:

(I) Motivation to foster parent;

(II) Awareness of foster parenting issues such as talking to the child about his/her foster care status, grief and loss, the goal of foster care and the foster parent role in that process;

(III) Applicant's readiness to seek family counseling, if needed;

(IV) For special needs foster parenting, awareness of the child's special needs and appropriate ways to meet those needs;

(V) For trans-racial or trans-cultural foster parenting, the applicant's awareness of and sensitivity to differences, how they plan to impact a positive identity and expose the child to his/her ethnic heritage;

(VI) Philosophies on child-rearing and discipline; agreement that corporal punishment is unacceptable;

(VII) Attitudes and acceptance of foster parenting by other family members and friends;

(VIII) Location and description of physical residence, including type of community and school district available;

(IX) If the family contains a school age child(ren), reports from school personnel regarding school adjustment;

(X) Child care arrangements, if applicable;

(XI) Description of children and background factors the applicants can accept;

(XII) Financial status and management;

(XIII) A history of all previous contacts with the applicants; and

(XIV) The applicant's previous history/experience with other agencies, if applicable;

D. Supplemental documentation shall include:

(I) A total of no less than six (6) reference letters; employment (for the last five (5) years), one (1) relative, and four (4) nonrelated personal references, one of whom could be the applicant's clergyperson;

(II) Child abuse and neglect background screening check Child Abuse and Neglect Central Registry Unit (CA/N CRU), no more than one (1)-year old;

(III) Criminal arrest records from a state law enforcement agency;

(IV) Criminal conviction records from a state law enforcement agency;

(V) Any findings on child abuse or criminal records shall be followed up by requesting a copy of the child abuse investigation report or the police report;

(VI) Written medical reports on all members of the household;

(VII) Verifications of marriage(s) and divorces, if applicable;

(VIII) Written documentation of income and financial resources, including a copy of the latest Federal Income Tax 1040 form verifying adjusted gross income;

(IX) Other family assessments and recommendations, if applicable; and

(X) Birth and death certificates; and

E. Impressions including a recommendation by the agency of the age, sex, or type of child(ren) that could best be served by the applicants.

(7) Renewal of Foster Home License.

(A) A minimum of one (1)-home visit per year should be made to the foster home.

(B) Updated foster family assessments should be completed biennially. An update should also be completed if there is a significant change in the family situation ( i.e., job change, address change). An assessment shall include at a minimum:

1. One (1) or more interviews with all members of the family;

2. Medical reports on all household members;

3. Child abuse/neglect reports (CA/N CRU) on all adults completed within the last thirty (30) days;

4. Arrest record check completed within the last thirty (30) days;

5. Evaluation of any previous placements; and

6. Continued compliance with the foster home rules, 13 CSR 35-60.010 through 13 CSR 35-60.060, and rules as set forth by the division.

(C) Prior to recommending a foster home for relicensure, an agency shall document the updated family assessment in the foster home case record.

(D) The agency will submit all necessary relicensure forms to the division at least ten (10) days prior to the expiration of the current license.

(8) Foster Home Licensing Violations.

(A) When an agency receives a complaint which may indicate possible violations of the foster home licensing rules, an agency shall-

1. Conduct an internal investigation to determine compliance with applicable rules; and

2. Submit a written report of the investigation within five (5) working days to the licensing unit of the division, including a recommendation regarding the licensure of the foster home.

(B) Denial, Revocation and Suspension.

1. When an agency recommends that a foster home license be denied, revoked or suspended, the following documents shall be submitted to the division:

A. A copy of the investigation conducted by the agency;

B. Recommendation of the agency; and

C. Other appropriate documents supporting the results of the investigation.

2. This information shall be submitted to the licensing unit within five (5) working days of the decision to recommend denial, revocation or suspension.

(C) After an evaluation of the recommendation to deny, suspend, or revoke a license, and an evaluation of the documents provided by an agency, the division may take any or all of the following actions:

1. Request additional information or documentation;

2. Deny, suspend, or revoke the license of a foster home;

3. Issue a conditional license; or

4. Deny the recommendation of the agency.

(D) License Denial or Revocation.

1. The division shall provide written notice of denial or revocation of licensure to the agency and the foster home within ten (10) working days. Upon receipt of the notice of revocation or denial of licensure, the agency shall provide other living arrangements for any child(ren) in the foster home immediately.

2. The denial or revocation of licensure shall be effective immediately unless the order of denial or revocation is stayed by an appropriate administrative or judicial order.

3. The agency or foster parent(s) may appeal the decision of the division to deny or revoke licensure by filing a request for hearing with the division within ten (10) calendar days after receipt of the notice of denial or revocation of licensure.

4. Any person aggrieved by a final decision of the division with regard to the denial or revocation of licensure shall be entitled to a hearing and review by the director or his/her designee as provided by section 210.526, RSMo.

(E) License Suspension.

1. The division shall have the authority to suspend the license of a foster home when necessary to protect the health and welfare of children.

2. The division shall provide written notice of the suspension and the reason(s) for the suspension to the agency and the foster home within ten (10) working days. Upon receipt of notice of suspension, the foster home shall immediately cease operation, pending the review.

3. When the division suspends the license of a foster home, the suspension shall be for a period of time not to exceed thirty (30) working days, or until there is a review and decision by the director, whichever is first.

4. The agency and/or the foster parent(s) may appeal the decision of the division to suspend the license by requesting within five (5) days of the notice of suspension, a review by the division director or his/her designee. The review shall be conducted no later than five (5) working days following receipt of the request for review. The agency and/or the foster parent(s) may be assisted by an attorney or other person in presenting their case for review.

(F) Change in Licensing Status. The agency shall notify the division within five (5) working days of any change in address or status for any foster home.

13 CSR 35-73.060

Renumbered from 40-73.060 by Missouri Register March 15, 2019/Volume 44, Number 6, effective 4/30/2019